OPINION 321
October 1966

ADVERTISING CLASSIFIED DIRECTORY. An attorney may not ethically permit his name to be listed as an attorney in a statewide classified directory which is not an approved fan' list.

Canons 3924.

Question

Can an attorney ethically permit his name to be listed as an attorney in the Texas Classified Directory, a directory with purported statewide coverage which indiscriminately lists on a classified basis various business and professional people throughout the state, is distributed on a commercial basis and lists only lawyers who purchase the directory or space therein?

Opinion

The Texas Classified Directory is not and does not purport to be a law list; thus, listing therein is not authorized by Canon 39.

Listings in the classified section of telephone directories, city directories and Chamber of Commerce directories have heretofore been approved as ethical in Opinions 6 (April, 1947), 30 (October, 1950), 138 (December, 1966), 237 (May, 1961), and 277 (January, 1964), so long as there is no distinctive type or other markings or arrangements to suggest that the primary purpose of the listing is advertisement. The Canons of Ethics do not specifically authorize any of these listings but the propriety of listings in telephone directories and city directories has been rationalized upon the basis of service and convenience to clients and the propriety of listings in Chamber of Commerce directories has been rationalized upon the basis of public service. Even listings in those directories, however, have been disapproved where the basis for the listing or the manner of the listings appears to be primarily commercial. See Opinions 237 and 277, supra. The Texas Classified Directory is purely commercial; listing therein is not authorized under Canon 39 and would constitute advertising in violation of Canon 24. (8-0.)